Can an executor move into an estate without agreement/lease/paying rent to the beneficiaries while it is still in probate in the state of NJ? If not, what should I do to legally protect myself in court, if needed?
3 Answers from Attorneys
I presume you mean that the executor has moved into a house owned by the decedent. If so, that may be a breach of his fiduciary duty. I would recommend consulting with an attorney about whether you should go to court to have him removed. (Note, an executor does have a duty to safeguard this property, so simply keeping others out is well within his role as he decides how to proceed with disposing of assets and selling it.)
Best of luck,
Kevin A. Pollock, J.D., LL.M.
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
This really depends on what is going on in the situation.
The executor needs a good lawyer. If that is you, please call me.
Robert Davies, Esq.
201 820 3460
Kevin is probably correct. However, if the executor is also an heir entitled to a portion of the estate, some rental payment is the proper way to go. A fair rental is the market rent offset by the Executor's share of the estate. If the Executor is not an heir, the full rental would be paid. Of course, an occupied house is better than an unoccupied one, so some leeway might be appropriate. If the Executor refuses, litigation by the heirs might be required.
Related Questions & Answers
My husband and I divorced 1.5 years ago after 19 years of marriage. His aunt... Asked 7/11/13, 11:20 am in United States New Jersey Probate, Trusts, Wills & Estates
If I was power of attorney and acted in the best interests of my parent, cleaned out... Asked 7/08/13, 6:26 pm in United States New Jersey Probate, Trusts, Wills & Estates
Father and mother died over 5 months ago family is not doing anything... NO will and... Asked 7/02/13, 9:51 am in United States New Jersey Probate, Trusts, Wills & Estates
As poa can I make changes to my mothers will if dementia has set in Asked 6/30/13, 11:56 am in United States New Jersey Probate, Trusts, Wills & Estates
My mother is deceased. She had two brothers, one just died. The one that died named... Asked 6/27/13, 5:56 pm in United States New Jersey Probate, Trusts, Wills & Estates